The Mark 2010

Whether cargo ship or cruise boat, the means by which migrants arrive in Canada does not determine their refugee status.

It has been reported that the Sri Lankan men who recently arrived on the coast of British Columbia travelled in the bottom of a decrepit cargo ship with limited supplies and facilities. An awful way to spend an hour, let alone journey across the Pacific. Why is it then that, upon learning of their arrival and their abandonment of families, homes, and possessions to risk their lives on this vessel, so many Canadians assume they have done so out of greed? Why is it they are seen as greedily sneaking into Canada for immigration purposes as opposed to fearfully fleeing persecution? Is it human nature to be suspicious, mistrusting? Perhaps. But it is also a message being promoted by our government. While Canada prides itself on being a land of immigrants, one committed to humanitarian values, we are very selective in recognizing immigrants and those deserving humanitarian protection.

In an interview with The Globe and Mail on October 20, Immigration Minister Jason Kenney suggested the arrival of the Sri Lankan men put Canada at risk of developing “a two-tier immigration system – one tier for legal, law-abiding immigrants who patiently wait to come to the country, and a second tier, who seek to come through the back door, typically through the asylum system.” The statement belies the fact that Canada has a two-pronged system already – the Immigration and Refugee Protection Act (IRPA) that legislates the entrance of both immigrants and refugees. There is no “back door.” There is an immigration door and an asylum door. While there is a clear legal process for entering Canada as an immigrant, it is specifically acknowledged in the 1951 Refugee Convention, whose signatories include Canada, that asylum seekers cannot be penalized for illegal entry.

If these men are genuine refugees, how else are they expected to access the protection acknowledged by IRPA? Sri Lankans require a visa to enter or transit Canada. The visa requirement, as has been recently illustrated with the imposition of visas on Czech and Mexican travellers, is a way to reduce access to the country to those from countries who might attempt to stay or make an asylum claim. To suggest that illegal entry implies entry through a back door fails to recognize that refugees often have no other option when seeking protection – a fact understood by the international community since 1951.

Undeniably, some aspiring immigrants might try to get through the asylum door – that’s why the Immigration and Refugee Board exists to assess the credibility of their refugee claims. If their claims do not meet its requirements, they will not be granted asylum and they will not be entitled to stay in Canada.

Just prior to the arrival of the Sri Lankan men, Canada Border Services Agency reported that 12,732 people were deported in 2008, and that there has been a 50 per-cent increase in deportations over the last decade. The figures further show that three-quarters of those deported were failed refugee claimants. Attempting to get in through the wrong door does not mean one can stay in Canada.

Minister Kenney’s two-tier concern is misleading and completely misses the point that the Sri Lankan men might be genuine refugees. There are legitimate concerns with the arrival of migrants by boat, be they false or genuine refugee claimants. Human smuggling is a corrupt and exploitative criminal enterprise that should not only be discouraged but prosecuted. However, it is the smugglers who are the criminals, not the vulnerable migrants who in desperation pay their way into the smugglers’ hands. Moreover, basic concern for human life means that perilous ocean travel on dilapidated boats should be avoided.

There is nothing wrong with ensuring these men do not disappear before their asylum claims are heard by the Immigration and Refugee Board, and it is established whether each man is or is not a refugee. Right now that crucial determination remains unknown. What is known is that there are close to 300,000 Tamils in internment camps in northern Sri Lanka where there are allegations of human rights abuses, and that these 76 Sri Lankan men left everything behind and paid enormous amounts of money to risk their lives to come to Canada. Minister Kenney suggests his concern is abuse of the asylum system. However, he seems unconcerned with how refugees are expected to access this system or whether these most recent Sri Lankan men are actually in need of asylum.